Proving dilution: the situation in Turkey

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It can be difficult to demonstrate the strength of a well-known mark in Turkey, says Özlem Fütman, and companies need the right evidence to show a threat of dilution.

Dilution cases can cause difficulties for brand owners while opposing a third party application before the Turkish Patent Institute (TPI). Article 8/4 of Turkish Trademark Decree Law no 556 reads as follows:

“A trademark applied for which is identical or similar to a registered trademark or to a trademark with an earlier date of application may be used for different goods and services.

However, where in the case of a registered trademark or of a trademark which has an earlier date of application for registration the trademark has a reputation and where the use without due cause of the trademark applied for would take unfair advantage of, or be detrimental to, the distinctive character or repute of the registered trademark or of the trademark with an earlier application date, upon opposition by the proprietor of the earlier trademark, the trademark applied for shall not be registered even to be used for goods and services which are not similar to those for which the earlier trademark is registered.”